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Chapter Law Content

Title: Trademark Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter IV Penal Provisions
Article 95
Penalty for trademark or collective trademark infringement
Any person who commits any of the following acts, without the consent of the proprietor of a registered trademark or collective trademark, shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000:
(1)Using a trademark which is identical with the registered trademark or collective trademark in relation to goods or services which are identical with those for which it is registered;
(2)Using a trademark which is identical with the registered trademark or collective trademark and used in relation to goods or services similar to those for which the registered trademark or collective trademark is designated, and hence there exists a likelihood of confusion on relevant consumers; or
(3)Using a trademark which is similar to the registered trademark or collective trademark and used in relation to goods or services identical with or similar to those for which the registered trademark or collective trademark is designated, and hence there exists a likelihood of confusion on relevant consumers.
Any person who, without the consent of the proprietor of a registered trademark or collective trademark, manufactures, sells, possesses, displays, exports, or imports labels, packaging, containers, or other services-related articles that bear a sign identical with or similar to another person’s registered trademark or collective trademark in the course of trade for their own use or for others, shall be liable to imprisonment for a period not exceeding one year and/or a fine not exceeding NT$50,000.
Penalties referred to in the preceding paragraph shall also apply to acts performed through electronic media or on the Internet.
Article 96
Penalty for certification mark infringement
Any person who, without the consent of the proprietor of a registered certification mark, uses a mark which is identical with or similar to the registered certification mark and used in relation to goods or services identical with or similar to those for which the registered certification mark is designated, and hence is likely to mislead relevant consumers shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000.
Any person who, without the consent of the proprietor of a registered certification mark, manufactures, sells, possesses, displays, exports, or imports labels, packaging, containers, or other service-related articles that bears a sign identical or similar to another person’s registered certification mark in the course of trade for their own use or for others, shall be liable to imprisonment for a period not exceeding three years and/or a fine not exceeding NT$200,000.
Penalties referred to in the preceding paragraph shall also apply to acts performed through electronic media or on the Internet.
Article 97
Penalty for sale or intent of sale of infringing article
Any person who sells or, due to an intent to sell, possesses, displays, exports, or imports another person’s goods referred to in Paragraph 1 of the preceding two articles shall be liable to imprisonment for a period not exceeding one year and/or a fine not exceeding NT$50,000.
Penalties referred to in the preceding paragraph shall also apply to acts performed through electronic media or on the Internet.
Article 98
All articles or documents that constitute infringement of rights in trademark, certification mark, or collective trademark shall be confiscated, regardless of whether such articles or documents belong to the offender.
Article 98-1
Any person who practices as a trademark agent without registration in accordance with this Act or solicits businesses under the title of trademark agent shall be imposed a fine of no less than thirty thousand NTD but no more than one hundred and fifty thousand NTD and ordered to cease the conduct within a specified time period by the Registrar Office. One who fails to obey within the prescribed period is subject to repeated orders to sanctions each time until he/she obeys.
The preceding paragraph shall apply as well to where a trademark agent is suspended from practicing, or cancellation or revocation of the trademark agent registration is published.
A trademark agent who violates the regulations governing the on-the-job training methods, course hours, or management measures on handling trademark related matters prescribed in Paragraph 4 of Article 6 shall be subject to actions in the form of a warning, a reprimand, suspension from practicing, or cancellation or revocation of the trademark agent registration and published in the Trademark Agent Register.
Article 99
Right to sue of group other than juridical person
An unrecognized foreign juridical person or group may file a complaint, initiate a private prosecution, or institute a civil suit in respect of matters governed by this Act. The same rights shall also be entitled by a domestic group that is not a juridical person and has acquired rights to a trademark or certification mark.